Matt Cossalman opened
the meeting at 5:30 pm. Cossalman read the agenda for the evening,
and introduced commission members.

Cossalman began the
election of officers; he explained this was due to the resignation of
Dan Studer, who has taken over the Zoning Administrator position.
Mike Weland nominated as Chairman, Matt Cossalman. Second by Ron
Self. There were no more nominations for Chairman; the vote was
unanimous.

Cossalman opened
nominations for Vice-Chairman; Steve Shelman nominated John Cranor,
Mike Weland second the nomination. There were no more nominations
from the members; the vote for John Cranor was unanimous.

Cossalman brought up
approval of July minutes – asking members if there were any
changes or corrections. Ron Self motion to approve the minutes, John
Cranor seconded the motion. The vote was unanimous in favor of
approval.

Cossalman brought up
approval of June minutes – asking members if there were any
changes or corrections. John Cranor motion to approve the minutes,
Ron Self seconded the motion. The vote was unanimous in favor of
approval.

(The next item on
the agenda was Tungsten Holdings, Inc. Application for Conditional
Use Permit – 11-063. A transcript is attached.)

At 5:37 Cossalman
reopened the public hearing on 11-063 Conditional Use Permit for
Tungsten Holdings, Inc. gravel pit a mile and a half south of
Porthill off the Farm to Market Road.

Cossalman reopened the
meeting for public comment. Testimony was given by Rick Dinning, the
applicant, and those opposed to the use, Jay Epstein, Bryan Ferguson,
Paul Vogel. Mr. Vogel read into the record letters from the
Gardiners, and Uhlman, which were in response to the Tungsten
response to questions from the Commission asked last February.

The result of the
reopening of the hearing, the added public testimony, the written
material added to the record, all heard and deliberated by the
Commission members was a motion to approve the Conditional Use
Application with conditions. All stipulations written in the
application apply as conditions, and:

(1) All operations
shall follow “Best Management Practices for Mining in Idaho”
published by the Idaho Department of Lands, November 16, 1992 or as
updated.

(3) Blasting and
crushing shall occur only during regular business hours, Monday
through Friday between the hours of 8:00 am and 5:00 pm.

(4) Blasting shall
meet OSHA requirements established at 29 CFR, Sub-part U. A copy of
the document from the Federal Register, 48 FR 44777 (9/83) Section
816.67 “Use of Explosives: Control of adverse effects”,
shall be provided to all blasters.

(5) Property owners
within 500 feet of the boundaries of parcel RP65N01W200150A shall be
notified, in writing, at least fifteen (15) days prior to blasting,
specifying the date, time and length of time the blasting is expected
to occur.

(6) Prior to
establishing the permitted surface mining operation, the applicant
shall comply with all requirements established by the Idaho
Department of Lands, to include filing a reclamation plan and posting
the required bond. A copy of those documents shall be provided the
Boundary County Planning and Zoning office prior to the onset of
operations.

(7) The Planning
and Zoning office shall be notified in writing when the reclamation
bond is redeemed or in the event the bond is forfeited. The
conditional use shall lapse upon bond redemption or forfeiture, and
no further mining operations may take place without issuance of a new
conditional use permit.

(9) Any person
employed to conduct blasting operations shall be notified prior to
blasting of concerns expressed during the hearing process over the
potential for damage to area water systems, including Trow Creek
Water Association, and the possibility of de-watering the aquifer.
Blasters shall also be given copies of the Report by Uhlman, and the
Report by Monks, which were submitted in writing, as part of the
record of this hearing.

(10) The applicant
will acquire a Certificate of Compliance documenting the effective
date of establishment for the non-conforming tract RP65N01W2000150A,
thus identifying the tract as a Parcel of Record.

Next on the agenda
following the Tungsten hearing, Cossalman lead the questioning of Don
Jordan, applicant for the vacant Planning and Zoning Commission
position.

Jordan answered
questions that had been asked of other earlier applicants. Don
showed a concern for long range planning, the need for protections of
our agricultural resources, and the need as a member to be open
minded.

Jordan has a lot of
experience dealing with permits, as his job has him developing land
in California and elsewhere. Don expressed the need for regulations
in order to deal with those who are unethical. The local governments
should do what they can to steer development in areas they want
developed and away from areas that should be protected, i.e.
agriculture. A 160-acre parcel equals 16 houses; he’d prefer
seeing 16 houses on 16 acres in many cases.

Cossalman thanked
Jordan for his responding to questions.

Cossalman opened
deliberations regarding recommending one of the applicants, James
Robinson, Caleb Davis, Gordon Newell, or Don Jordon to the County
Commissioners for a position on the Planning and Zoning Commission.
Studer reviewed the ordinance process for filling a vacancy. The
members discussed each applicant. Motion made by Self to recommend
to the Commissioners Caleb Davis, second by Cranor. The members
voted all in favor of the motion.